1.1 	A bill for an act
1.2 	relating to natural resources; modifying contractual and grant agreement 
1.3 	provisions; excepting the electronic licensing system commission from certain 
1.4 	standing appropriations; modifying invasive species provisions; modifying 
1.5 	certain state trail descriptions; modifying certain definitions; modifying water 
1.6 	use surcharge provisions; modifying water aeration safety provisions; amending 
1.7 	Minnesota Statutes 2004, sections 84.026; 84.0911, as amended; 84D.01, 
1.8 	subdivisions 9a, 13, 15, 16; 84D.02, subdivision 2; 85.015, subdivisions 7, 8, 
1.9 	11; 97A.015, subdivision 18; 103G.611, by adding a subdivision; Minnesota 
1.10 	Statutes 2005 Supplement, sections 84.8205, subdivision 1; 85.015, subdivision 
1.11 	5; 88.17, subdivision 5; 103G.271, subdivision 6; repealing Minnesota Statutes 
1.12 	2004, section 103G.611, subdivision 6.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2004, section 84.026, is amended to read:
1.15 	84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 
1.16 	RESOURCES SERVICES.
1.17 		Subdivision 1.Contracts. The commissioner of natural resources is authorized 
1.18 	to enter into contractual or grant agreements with any public or private entity for the 
1.19 	provision of statutorily prescribed natural resources services by or for the department. 
1.20 	The contracts or grants shall specify the services to be provided and, where services are 
1.21 	being provided for the department, the amount and method of payment after services 
1.22 	are rendered. Funds generated in a contractual agreement made pursuant to this section 
1.23 	shall be deposited in the special revenue fund and are appropriated to the department for 
1.24 	purposes of providing the services specified in the contracts. All contractual and grant 
1.25 	agreements shall be processed in accordance with the provisions of section  16C.05. The 
1.26 	commissioner shall report revenues collected and expenditures made under this section
2.1 	subdivision to the chairs of the Committees on Ways and Means in the house and Finance 
2.2 	in the senate by January 1 of each odd-numbered year.
2.3 		Subd. 2.Grants. The commissioner is authorized to enter into grant agreements for 
2.4 	the provision of statutorily prescribed natural resources services with any public or private 
2.5 	entity. The grant agreements shall specify the services to be provided to the department 
2.6 	and the amount and method of payment after services are rendered.
2.7 		Subd. 3.Procurement law. All contractual and grant agreements under this section 
2.8 	shall be processed according to section 16C.05.

2.9 	Sec. 2. Minnesota Statutes 2004, section 84.0911, as amended by Laws 2005, is 
2.10 	amended to read:
2.11 	84.0911 WILD RICE MANAGEMENT ACCOUNT.
2.12 		Subdivision 1.Account established. The wild rice management account is 
2.13 	established as an account in the game and fish fund.
2.14 		Subd. 2.Receipts. Money received from the sale of wild rice licenses issued by the 
2.15 	commissioner under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4), 
2.16 	and subdivision 3, paragraph (b), except for the electronic licensing system commission 
2.17 	established by the commissioner under section 84.027, subdivision 15, shall be credited to 
2.18 	the wild rice management account.
2.19 		Subd. 3.Use of money in account. Except for the electronic licensing system 
2.20 	commission established by the commissioner under section 84.027, subdivision 15, 
2.21 	money in the wild rice management account is annually appropriated to the commissioner 
2.22 	and shall be used for management of designated public waters to improve natural wild 
2.23 	rice production.

2.24 	Sec. 3. Minnesota Statutes 2005 Supplement, section 84.8205, subdivision 1, is 
2.25 	amended to read:
2.26 		Subdivision 1.Sticker required; fee. A person may not operate a snowmobile on 
2.27 	a state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed 
2.28 	to the snowmobile. The commissioner of natural resources shall issue a sticker upon 
2.29 	application and payment of a $15 fee. The fee for a three-year snowmobile state trail 
2.30 	sticker that is purchased at the time of snowmobile registration is $30. In addition to other 
2.31 	penalties prescribed by law, a person in violation of this subdivision must purchase an 
2.32 	annual state trail sticker for a fee of $30. The sticker is valid from November 1 through 
2.33 	April 30. Fees collected under this section, except for the issuing fee for licensing agents 
2.34 	under this section and for the electronic licensing system commission established by 
3.1 	the commissioner under section 84.027, subdivision 15, shall be deposited in the state 
3.2 	treasury and credited to the snowmobile trails and enforcement account in the natural 
3.3 	resources fund and, except for the electronic licensing system commission established by 
3.4 	the commissioner under section 84.027, subdivision 15,  must be used for grants-in-aid, 
3.5 	trail maintenance, grooming, and easement acquisition.

3.6 	Sec. 4. Minnesota Statutes 2004, section 84D.01, subdivision 9a, is amended to read:
3.7 		Subd. 9a.Invasive species. "Invasive species" means a nonnative species that 
3.8 	can naturalize and:
3.9 	(1) causes or may cause economic or environmental harm or harm to human health; 
3.10 	or
3.11 	(2) threatens or may threaten natural resources or the use of natural resources in 
3.12 	the state.

3.13 	Sec. 5. Minnesota Statutes 2004, section 84D.01, subdivision 13, is amended to read:
3.14 		Subd. 13.Prohibited invasive species. "Prohibited invasive species" means an 
3.15 	invasive a nonnative species that has been designated as a prohibited invasive species in a 
3.16 	rule adopted by the commissioner under section  84D.12. 

3.17 	Sec. 6. Minnesota Statutes 2004, section 84D.01, subdivision 15, is amended to read:
3.18 		Subd. 15.Regulated invasive species. "Regulated invasive species" means an 
3.19 	invasive a nonnative species that has been designated as a regulated invasive species in a 
3.20 	rule adopted by the commissioner under section  84D.12. 

3.21 	Sec. 7. Minnesota Statutes 2004, section 84D.01, subdivision 16, is amended to read:
3.22 		Subd. 16.Transport. "Transport" means to cause or attempt to cause a species to be 
3.23 	carried or moved into or within the state, and includes accepting or receiving the species 
3.24 	for transportation or shipment. Transport does not include the unintentional transport 
3.25 	of infested water or a species within a water of the state or to a connected water of the 
3.26 	state where the species being transported is already present.

3.27 	Sec. 8. Minnesota Statutes 2004, section 84D.02, subdivision 2, is amended to read:
3.28 		Subd. 2.Purple loosestrife, curly-leaf pondweed,  and Eurasian water milfoil 
3.29 	programs. (a) The program required in subdivision 1 must include specific programs to 
3.30 	curb the spread and manage the growth of purple loosestrife, curly-leaf pondweed,  and 
3.31 	Eurasian water milfoil. These programs must include:
4.1 	(1) compiling inventories and monitoring the growth of purple loosestrife and 
4.2 	Eurasian water milfoil in the state, for which the commissioner may use volunteers;
4.3 	(2) publication and distribution of informational materials to boaters and lakeshore 
4.4 	owners;
4.5 	(3) cooperative research with the University of Minnesota and other public and 
4.6 	private research facilities to study the use of nonchemical control methods, including 
4.7 	biological control methods; and
4.8 	(4) managing the growth of Eurasian water milfoil, curly-leaf pondweed,  and purple 
4.9 	loosestrife in coordination with appropriate local units of government, special purpose 
4.10 	districts, and lakeshore associations, to include providing requested technical assistance.
4.11 	(b) The commissioners of agriculture and transportation shall cooperate with the 
4.12 	commissioner to establish, implement, and enforce the purple loosestrife program.

4.13 	Sec. 9. Minnesota Statutes 2005 Supplement, section 85.015, subdivision 5, is 
4.14 	amended to read:
4.15 		Subd. 5.Glacial Lakes Trail, Kandiyohi, Pope, Stearns, and Douglas Counties.
 4.16 	(a) The trail shall originate at Kandiyohi County Park on the north shore of Green Lake 
4.17 	in Kandiyohi County and thence extend northwesterly to Sibley State Park, thence 
4.18 	northwesterly to Glacial Lakes State Park in Pope County, thence northeasterly to Lake 
4.19 	Carlos State Park in Douglas County, and there terminate.
4.20 	(b) Trails may be established that extend the Glacial Lakes Trail system from New 
4.21 	London to Cold Spring. A segment shall be established beginning in the city of Willmar, 
4.22 	Kandiyohi County, and extending northeasterly into Stearns County.
4.23 	(c) The trail shall be developed primarily for riding and hiking.

4.24 	Sec. 10. Minnesota Statutes 2004, section 85.015, subdivision 7, is amended to read:
4.25 		Subd. 7.Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston 
4.26 	Counties. (a) The Root River Trail shall originate at Chatfield in Fillmore County, and 
4.27 	thence extend easterly in the Root River Valley to the intersection of the river with 
4.28 	Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.
4.29 	(b) Additional trails may be established that extend the Blufflands Trail system to 
4.30 	include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston, 
4.31 	Harmony, Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in Fillmore 
4.32 	County; Rochester, Dover, Eyota, Stewartville, Byron, and Chester Woods County Park in 
4.33 	Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica, 
5.1 	St. Charles, and Elba in Winona County. In addition to the criteria in section  86A.05, 
5.2 	subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible. 
5.3 	(c) The trails shall be developed primarily for nonmotorized riding and hiking.

5.4 	Sec. 11. Minnesota Statutes 2004, section 85.015, subdivision 8, is amended to read:
5.5 		Subd. 8.Sakatah Singing Hills trail, Blue Earth, Le Sueur, and Rice Counties.
 5.6 	(a) The trail shall originate at mile post 4.1 of the Chicago and Northwestern Railway 
5.7 	Company right-of-way in the junction of Benning in Mankato, Blue Earth County, and 
5.8 	shall extend in a northeasterly direction on or along the railroad right-of-way to mile post 
5.9 	46.01 of the Chicago and Northwestern Railway at a point commonly known as Faribault 
5.10 	Junction in into Rice County, a distance of approximately 42 miles, and there terminate. 
5.11 	(b) The trail shall be developed primarily for riding and hiking. Motorized vehicles, 
5.12 	except snowmobiles, are prohibited from the trail.

5.13 	Sec. 12. Minnesota Statutes 2004, section 85.015, subdivision 11, is amended to read:
5.14 		Subd. 11.Willard Munger Trail, Ramsey, Anoka, Washington, Chisago, Pine, 
5.15 	St. Louis, and Carlton Counties. (a) The trail shall originate in the vicinity of Arden 
5.16 	Hills, Ramsey County, and thence extend northeasterly, traversing Anoka and Washington 
5.17 	Counties to the vicinity of Taylors Falls in Chisago County; thence northwesterly and 
5.18 	northerly to St. Croix State Park in Pine County; thence northerly to Jay Cooke State Park 
5.19 	in Carlton County, and there terminate. consist of three segments. One segment shall 
5.20 	originate in Chisago County and extend into Duluth in St. Louis County. One segment 
5.21 	shall originate at Hinckley in Pine County and extend through Moose Lake in Carlton 
5.22 	County to Duluth in St. Louis County. One segment shall originate in Carlton County at 
5.23 	Carlton and extend through Wrenshall to the Minnesota-Wisconsin border.
5.24 	(b) The trail shall be developed primarily for riding and hiking.
5.25 	(c) Additional trails segments shall be established that extend the Willard Munger 
5.26 	Trail to include Proctor, Duluth, and Hermantown in St. Louis County.

5.27 	Sec. 13. Minnesota Statutes 2005 Supplement, section 88.17, subdivision 5, is 
5.28 	amended to read:
5.29 		Subd. 5.Permit fees. (a) The annual fees for an electronic burning permit are:
5.30 	(1) $5 for a noncommercial burning permit; and
5.31 	(2) for commercial enterprises that obtain multiple permits, $5 per permit for each 
5.32 	burning site, up to a maximum of $50 per individual business enterprise per year.
6.1 	(b) Except for the issuing fee under paragraph (c), and for the electronic licensing 
6.2 	system commission established by the commissioner under section 84.027, subdivision 
6.3 	15, money received from permits issued under this section shall be deposited in the state 
6.4 	treasury and credited to the burning permit account and, except for the electronic licensing 
6.5 	system commission established by the commissioner under section 84.027, subdivision 
6.6 	15,  is annually appropriated to the commissioner of natural resources for the costs of 
6.7 	operating the burning permit system.
6.8 	(c) Of the fee amount collected under paragraph (a), $1 shall be retained by the 
6.9 	permit agent as a commission for issuing electronic permits.
6.10 	(d) Fire wardens who issue written permits may charge a fee of up to $1 for each 
6.11 	permit issued, to be retained by the fire warden as a commission for issuing the permit. 
6.12 	This paragraph does not limit a local government unit from charging an administrative fee 
6.13 	for issuing open burning permits within its jurisdiction.

6.14 	Sec. 14. Minnesota Statutes 2004, section 97A.015, subdivision 18, is amended to read:
6.15 		Subd. 18.Enforcement officer. "Enforcement officer" means the commissioner, the 
6.16 	director of the Enforcement Division, or a conservation officer, or a game refuge manager.

6.17 	Sec. 15. Minnesota Statutes 2005 Supplement, section 103G.271, subdivision 6, 
6.18 	is amended to read:
6.19 		Subd. 6.Water use permit processing fee. (a) Except as described in paragraphs 
6.20 	(b) to (f), a water use permit processing fee must be prescribed by the commissioner in 
6.21 	accordance with the schedule of fees in this subdivision for each water use permit in force 
6.22 	at any time during the year. The schedule is as follows, with the stated fee in each clause 
6.23 	applied to the total amount appropriated:
6.24 	(1) $101 for amounts not exceeding 50,000,000 gallons per year;
6.25 	(2) $3 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less 
6.26 	than 100,000,000 gallons per year;
6.27 	(3) $3.50 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but 
6.28 	less than 150,000,000 gallons per year;
6.29 	(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less 
6.30 	than 200,000,000 gallons per year;
6.31 	(5) $4.50 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but 
6.32 	less than 250,000,000 gallons per year;
6.33 	(6) $5 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less 
6.34 	than 300,000,000 gallons per year;
7.1 	(7) $5.50 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but 
7.2 	less than 350,000,000 gallons per year;
7.3 	(8) $6 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less 
7.4 	than 400,000,000 gallons per year;
7.5 	(9) $6.50 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but 
7.6 	less than 450,000,000 gallons per year;
7.7 	(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but 
7.8 	less than 500,000,000 gallons per year; and
7.9 	(11) $7.50 per 1,000,000 gallons for amounts greater than 500,000,000 gallons 
7.10 	per year.
7.11 	(b) For once-through cooling systems, a water use processing fee must be prescribed 
7.12 	by the commissioner in accordance with the following schedule of fees for each water use 
7.13 	permit in force at any time during the year:
7.14 	(1) for nonprofit corporations and school districts, $150 per 1,000,000 gallons; and
7.15 	(2) for all other users, $300 per 1,000,000 gallons.
7.16 	(c) The fee is payable based on the amount of water appropriated during the year 
7.17 	and, except as provided in paragraph (f), the minimum fee is $100.
7.18 	(d) For water use processing fees other than once-through cooling systems:
7.19 	(1) the fee for a city of the first class may not exceed $250,000 per year;
7.20 	(2) the fee for other entities for any permitted use may not exceed:
7.21 	(i) $50,000 per year for an entity holding three or fewer permits;
7.22 	(ii) $75,000 per year for an entity holding four or five permits;
7.23 	(iii) $250,000 per year for an entity holding more than five permits;
7.24 	(3) the fee for agricultural irrigation may not exceed $750 per year;
7.25 	(4) the fee for a municipality that furnishes electric service and cogenerates steam 
7.26 	for home heating may not exceed $10,000 for its permit for water use related to the 
7.27 	cogeneration of electricity and steam; and
7.28 	(5) no fee is required for a project involving the appropriation of surface water to 
7.29 	prevent flood damage or to remove flood waters during a period of flooding, as determined 
7.30 	by the commissioner.
7.31 	(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two 
7.32 	percent per month calculated from the original due date must be imposed on the unpaid 
7.33 	balance of fees remaining 30 days after the sending of a second notice of fees due. A fee 
7.34 	may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal 
7.35 	governmental agency holding a water appropriation permit.
8.1 	(f) The minimum water use processing fee for a permit issued for irrigation of 
8.2 	agricultural land is $20 for years in which:
8.3 	(1) there is no appropriation of water under the permit; or
8.4 	(2) the permit is suspended for more than seven consecutive days between May 1 
8.5 	and October 1.
8.6 	(g) A surcharge of $20 per million gallons in addition to the fee prescribed in 
8.7 	paragraph (a) shall be applied to the volume of water used in each of the months of June, 
8.8 	July, and August that exceeds the volume of water used in January for municipal water 
8.9 	use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities 
8.10 	with more than one permit shall be determined based on the total appropriations from all 
8.11 	permits that supply a common distribution system.

8.12 	Sec. 16. Minnesota Statutes 2004, section 103G.611, is amended by adding a 
8.13 	subdivision to read:
8.14 		Subd. 7.Public waters without access. A person who receives a permit to operate 
8.15 	an aeration system on a public water without a public access and who owns all of the 
8.16 	riparian land or all of the possessory rights to the riparian land around that water is not 
8.17 	subject to the provisions of subdivisions 2, paragraph (b), and 3.

8.18 	Sec. 17.  REPEALER.
 8.19 	Minnesota Statutes 2004, section 103G.611, subdivision 6, is repealed.